Russell Brand, jailed for 10-and-a-half years for rape and sexual assault, may not serve his full term behind bars despite changes to the government's early release scheme.
The disgraced comedian was convicted at Southwark Crown Court of raping a fan and sexually assaulting three TV and radio workers. Under new rules announced by Prime Minister Andy Burnham, criminals sentenced for rape are no longer eligible for the early release scheme, which took effect from October 1.
Sentencing rules allow release after two-thirds
However, Brand could still be released before the end of his term, as standard sentencing rules allow sex offenders to be freed under probation supervision after serving two-thirds of their sentence.
The Institute for Government explains that from October 1 2026, a change to sentencing rules means most adults serving a standard prison sentence will be released earlier than the date originally set. Prisoners convicted of less serious offences, who currently spend 40% or 50% of their sentence in prison, will leave after a third. A second group, currently released after two-thirds, will leave after half.
Supervision and recall conditions
Leaving prison does not end the sentence. The person continues to serve the rest in the community on licence, under conditions set by probation, and can be recalled to prison if those conditions are breached.
The Institute for Government adds that shortly after becoming prime minister, Andy Burnham announced a pause on implementing the new release rules, then on 4 August confirmed that people serving sentences for rape, serious child sexual and grooming offences would no longer be eligible.
Brand's conviction and sentence
Brand, now 51, abused his celebrity status to prey on women and was convicted after a trial at Southwark Crown Court of abuse against four victims. One fan said she was raped as a 21-year-old by Brand in 2009 at his luxury London home, while female staffers at Channel 4, MTV, and Capital Radio reported sexual assault by the TV star.
On Monday, Mr Justice Bennathan slammed Brand's "staggering arrogance" as he sentenced him to 10-and-a-half years in prison for rape and three counts of sexual assault. The judge told Brand: "About 20 years ago Russell Brand, you were becoming famous, you were clever, and in many people's eyes you were funny and charismatic. You had also become a sexual predator."
Brand, who has already spent four nights in custody at HMP Wandsworth, is expected to serve two-thirds of his prison sentence before being released on licence. He will be on the sex offender's register for life.
